Legal Opinion

Basetti v. Nour

Appellate Division of the Supreme Court of the State of New York

Decided October 1, 2001PublishedCited by 111 opinions

1Opinion of the Court

OPINION OF THE COURT

Feuerstein, J.

In this case, we are called upon to determine the burden a plaintiff must satisfy in order to restore a case within one year after it has been marked “off’ or struck from the trial calendar pursuant to CPLR 3404. Prior cases from this Court have applied varying standards for restoration focusing on the basis of the “off” marking. For the reasons that follow, we hold that those cases should no longer be followed because they are inconsistent with the purpose of CPLR 3404.

I. FACTS OF THIS CASE

In January 1995, the plaintiffs commenced this action to recover…

2Cases cited27 opinions

  1. Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  2. Audiovox Corp. v. BenyaminiAppellate Division of the Supreme Court of the State of New York · 2000
  3. Parker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
  4. Gambardella v. Ortov Lighting, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Balducci v. JasonAppellate Division of the Supreme Court of the State of New York · 1987

22 more not listed; retrieve them via the Exa API.

3Cited by111 opinions

  1. Travis v. CuffAppellate Division of the Supreme Court of the State of New York · 2006
  2. Andre v. Bonetto Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Kandel v. HoffmanAppellate Division of the Supreme Court of the State of New York · 2003
  4. Vera v. SoohooAppellate Division of the Supreme Court of the State of New York · 2012
  5. Galati v. C. Raimondo & Sons Construction Co.Appellate Division of the Supreme Court of the State of New York · 2006

106 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API